Assistant Secretary Eula Bingham has asked me to respond to your letter
concerning the Occupational Safety and Health Administration's (OSHA)
regulations for back-up alarms. We apologize for the delay of this response.

As you may be aware, OSHA has no requirements for back-up alarms in the
general industry standards, 29 CFR Part 1910. However, the regulation you
mentioned in your letter is 29 CFR Part 1926.601(b)(4) of the Construction
Safety and Health Regulations.

The regulation you refer to reads:

"(4) No employer shall use any motor vehicle equipment having an
obstructed view to the rear unless:

(ii) The vehicle is backed up only when an observer signals
that it is safe to do so."

As you can see, the alarm is only required when vision to the rear of the
operator is obstructed and the operator lacks an observer to signal him.

It would be the employer's obligation to determine the noise level in his
particular worksite and select an appropriate alarm if he chooses to use it.

A second regulation, 29 CFR Part 1926.602(a)(9), reads as follows:

"(9) Audible alarms

(i) All bidirectional machines, such as rollers, compactors,
front-end loaders, bulldozers, and similar equipment, shall be equipped with
a horn, distinguishable from the surrounding noise level, which shall be
operated as needed when the machine is moving in either direction. The horn
has to be maintained in operative condition.

(ii) No employer shall permit earthmoving or compacting
equipment which has an obstructed view to the rear to be used in reverse gear
unless the equipment has in operation a reverse signal alarm distinguishable
from the surrounding noise level or an employer signals that it is safe to do
so."

The second requirement may more closely relate to your inquiry in that it
requires the alarm to be distinguishable from the surrounding noise level.

The regulations allow a 90 decibel (dba), 8-hour exposure for employees.
Thus, it appears that your device (BUA-1) may meet the requirements in either
case.

We trust that this provides you with the information you requested. Should
you have further questions, please feel free to contact us.

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